K Srikanth Reddy vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Admission (Revenue)
Before:
Hon'ble Venkateswarlu Nimmagadda
Listed On:
1 Oct 2024
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATJ. (Special Original Jurisdiction)
TUESDAY ,THE FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 21917 OF 2024
Between:
K Srikanth Reddy, S/o. Prakash Reddy Aged about 39 years, Occ.Business, R/o. Flat No. 4446, Wing-3, Block IV, Janapriya Metropolic, Moti Nagar Sanathnagar, Hyderabad
...PETITIONER
AND
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- The State Of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat Velagapudi, Amaravathi.
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- The District Collector, YSR Kadapa District.
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- The Revenue Divisional Officer, YSR Kadapa District.
-
- The Tahsildar, Proddatur, YSR Kadapa District.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ or order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents here, more particularly. Respondent Nos. 2 to 4 in including the land admeasuring an extent of Ac.0.02 cents equivalent to 584 sq.ft) bearing D.No. 3/353, Ac. 0.05 cents, bearing D.No.^
3/353/1,2,3,4 and Ac. 0.04 cents situated in ward no.3 in in Sy.No.307/4A situated in Ward No.3 of Proddatur Town, YSR Kadapa District in the Prohibitory Properties List as published under Section 22-A of the Registration Act and not deleting the subject land from the Prohibited Properties list despite the Representation submitted by the Petitioner dated , 1908 as being illegal, erroneous, arbitrary, violative of Articles <sup>21</sup> and 300A of the Constitution of India and violative of provisions of the Registration Act, 1908 and consequently direct the respondents particularly Respondents 2 to 4 to delete the subject property from the Prohibitory List published under Section 22-A of the Registration Act, 1908 and quash the same. ^ more
J
lA NO: <sup>1</sup> OF 2024
Petition under Section <sup>151</sup> CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to Direct the respondents more particularly Respondents <sup>2</sup> to <sup>4</sup> to consider and dispose the Representation as submitted by the Petitioner dated 06.07.2023 to delete the land admeasuring an extent of Ac.0.02 cents equivalent to 584 sq.ft) bearing D.No. 3/353, Ac. 0.05 cents, bearing D.No. 3/353/1,2,3,4 and Ac. 0.04 cents situated in ward no.3 in in Sy.No.307/4A situated in Ward No.3 of Proddatur Town, YSR Kadapa District from the Prohibited Properties List as under Section 22-A of the Registration Act, <sup>1908</sup> forthwitt^pending disposal of the above writ petition.^
Counsel for the Petitioner(s): SRI. PULIPATI RADHIKA -
Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE
The Court made the following: ORDER
APHC010424842024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329]
TUESDAY,THE FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 21917/2024
Between;
K Srikanth Reddy ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.PULIPATI RADHIKA
Counsel for the Respondent(S):
1.GP FOR REVENUE
The Court made the following:
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITQN No.21917 OF 2024
ORDER:
The present writ petition is filed under Article 226 of the Constitution of India seeking following relief:
"to issue an appropriate Writ or order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents herein more particularly Respondent Nos. 2 to 4 in including the land admeasuring an extent of Ac. 0.02 cents equivalent to 584 sq.ft, bearing D.No.3/353, Ac. 0.05 cents bearing D.No.3/353/1, 2, 3, 4 and Ac.0.04 cents situated in ward no.3 in Sy.No.307/4A situated in Ward No. 3 of Proddatur Town, YSR Kadapa District in the Prohibitory Properties List as published under Section 22-A of the Registration Act and not deleting the subject land from the Prohibited Properties list despite the Representation submitted by the Petitioner dated 06.07.2023 as being illegal, erroneous, arbitrary, violative of Articles 21 and 300A of the Constitution of India and violative of provisions of the Registration Act, 1908 and consequently direct the respondents, more particularly. Respondents 2 to 4 to delete the subject
properties from the Prohibitory List published under Section 22-/A of the Registration Act, 1908 and quash the same and pass suchother order or orders..
counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 2. Heard learned
Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor the lands admeasuring of Ac.0.02 cents (equivalent to 584 sq.ft.) in D.No.3/353, Ac.0.05 cents in D.No.3/353/1, 2. 3. <sup>4</sup> and Ac.0.04 cents in 3. an extent Sy.No.307/4A, Ward No.3 of Proddatur Town, YSR Kadapa District the 'subject property'). (hereinafter collectively referred to as counsel for the petitioner further submits that all the lands Learned enumerated/ enlisted in the prohibitory as mentioned above were properties list published under Section 22-A of the Registration Act, further submits that the said lands are private lands and 1908. She the same cannot be included under the prohibitory properties list under Section 22-A of the Registration Act, 1908. For published which, the petitioner submitted <sup>a</sup> representation dated 06.07.2023 the District Registrar, Y.S.R.Kadapa District seeking for deletion of the entries of the subject properly from the prohibitory properties to
list and the same is pending consideration since more than one year. Just now, the learned counsel for the petitioner was informed that the application shall be submitted through mee-seva only.
- While hearing the matter, at the admission stage itself. learned counsel for the petitioner prayed to allow the petitioner to submit an appropriate application/ representation to the competent authority i.e., the District Collector through mee-seva seeking for deletion of his subject property from the prohibitory properties list published under Section 22-A of the Registration Act, 1908 with immediate effect.
Learned Government Pleader appearing for the respondents submits that if the petitioner submits an appropriate application to the competent authority i.e., 2^'^respondent herein ventilating his grievance through mee-seva, the 2"^^ respondent is ready to consider the same within a reasonable time in accordance 5. with law.
( /
- Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be
4
disposed of directing the petitioner to submit an application through mee-seva ventilating his grievance to the competent authority i.e., respondent herein within <sup>a</sup> period of two (02) weeks from the date of receipt of <sup>a</sup> copy of this order. On receipt of such respondent shall consider the same and nd the 2 nd representation, the <sup>2</sup> pass appropriate orders within <sup>a</sup> period of three (03) months thereafter.
With the above directions, the writ petition is disposed 7. of. There shall be no order as to costs.
As <sup>a</sup> sequel, miscellaneous petitions, if any, pending shall stand closed.
DEPUTY REGISTRAR //TRUE COPY//
Sd/- M RAMESH BABU
L SECTOfToFFICER
To,
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- The Principal Secretary, Revenue Department, Secretariat Velagapudi, Amaravathi.
-
- The District Collector, YSR Kadapa District.
-
- The Revenue Divisional Officer, YSR Kadapa District.
-
- The Tahsildar, Proddatur, YSR Kadapa District.
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- One CC to Sri. Pulipati Radhika, Advocate [OPUC]
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- Two CCs to GP For Revenue ,High Court Of Andhra Pradesh.^UT]
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- THREE CD Copies
AL
HIGH COURT
DATED:01/10/2024
ORDER